clearly admitted that the machines were
not functioning due to basic design defects. In other words, the machines could
not have been manufactured in conformity ... failed to substantiate with any evidence that the machines were not
defectively designed or that they did conform to the requirements of the End
User
that the
defect in the investigation by itself cannot be a ground for acquittal and if primacy
is given to such design or negligent investigation ... into the
hands of the investigating officer if the investigation is
designedly defective."
The same was reiterated in State Of Gujarat vs Kishanbhai
hands of the investigating officer in the event the investigation is designedly
defective. The relevant portion of the above decision is quoted below ... into the hands of the investigating
officer if the investigation is designedly defective. . . ."
Similar view was taken by the Hon'ble Supreme Court
prosecution in coming up with a defective charge sheet
leading to framing of defective charges is fatal to the conviction of A1
for the murder ... playing into the hands of investigating officers, if the
investigation is designedly defective. It was further observed that to
acquit solely on the ground
forensic test. It is settled principle of law that in case of defective
investigation, the court has to circumspect in evaluating the evidence ... hands of the investigating officer if the investigation is
designedly defective. Principle of law has rightly been applied by the
learned Trial Judge as decided
into the hands of the investigating officer if the investigation is designedly defective.
16. The same view was expressed by by Hon'ble Supreme ... hands of the investigating officer who may have kept the investigation designedly defective. Hon'ble Supreme Court said:
"The failure of the investigating
fault of the victim or the
witnesses. In the case of a defective investigation, the Court has
to be circumspect in evaluating the evidence more ... into the hands of the investigating officer if the
investigation is designedly defective.
13
Similarly the Public Prosecutor has not examined Dr.
Abhiram Behera, Professor
The State Of West Bengal vs Sri Binay Majhi..........Accused/ on 19 May, 2016
Author
Sathish vs The State Of Karnataka By on 11 July, 2016
Bench: Mohan M. Shantanagoudar
upon and such lapses ignored. Noticing the
possibility of investigation being designedly
defective, this Court in Dhanaj Singh v. State of
Punjab ... Appeal No.1094/2010 43
investigating officer if the investigation is
designedly defective."
28. Dealing with the cases of omission and
commission, the Court
